There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 36-21A-105 — Facts to be shown at hearing by applicant for payment from recovery fund.
36-21A-105. Facts to be shown at hearing by applicant for payment from recovery fund. At the hearing the applicant shall show the following:
(1) He is not a spouse of the judgment
debtor, or the personal representative of such spouse;
(2) If he is licensed under this chapter,
he was not acting as a principal or agent in a real estate
transaction;
(3) He has complied with all the
requirements of §§ 36-21A-101 to 36-21A-115,
inclusive;
(4) He has obtained a judgment stating the
amount thereof and the amount owing thereon at the date of the
application;
(5) He has made all reasonable searches
and inquiries to ascertain whether the judgment debtor possesses
real or personal property or other assets, liable to be sold or
applied in satisfaction of the judgment;
(6) If he has discovered property or other
assets owned by the judgment debtor and liable to be applied in
satisfaction of the debt he shall further show that he has taken
all necessary action and proceedings for the realization thereof,
and that the amount thereby realized was insufficient to satisfy
the judgment, stating the amount so realized and the balance
remaining due on the judgment after application of the amount
realized;
(7) Any amount recovered from the judgment
debtor or debtors and any amount recovered in out-of-court
settlements as to particular defendants, if any, have been applied
to the actual and compensatory damages awarded by the
court;
(8) He has diligently pursued his remedies
against all the judgment debtors and all other persons liable to
him in the transaction for which he seeks recovery from the real
estate recovery fund; and
(9) He is making the application within
one year after the judgment becomes final, or within one year after
the termination of any review or appeal of the judgment.
Source: SL 1992, ch 273, § 105.
Source: SL 1992, ch 273, § 105.
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